The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-29
In the United States Supreme
Court,
IN BEHALF OF THE ANARCHISTS
And Recites His Experience As An
Executioner OF nj on Who Over
turn the Law.
Tho Anarchists, Case.

the Court adjourned yesterday. and
would not resume to-day, but would
give way to Grinnell. Grinnen spoke
forty-6Ve minutes, making a brief
but e6ectuai argument against
the granting of the writ of err
TOR. Referring to the jury, he said
that so far as the composition of the
jury was concerned, there was only one
man in it to whom any obje2 ton was
raised by the defense, and that was
Sanford, who was the last juror Sc
lected. An attempt had been made,
he said, to show that another
juror pamed Denker, had also been
objected 10, but at the time Juror
Denker was accepted, the defense had
the right to make 142 peremptory chal-
lenges. Grinnell said every man on the
jury was duly qualified under the COM
mon law. 1t was, he said with somefes,-
ing, a representative American jury, as
good and intelligent jury as was ever
looked upon. It was in no
sense a class jury. Three of
iabored with their hands, one
of them was a man of foreign birth,
and there was not q capitalist among
them. With regard to unreasonable
search and service" Grinnell said, 'he
did not desire and this was not the
place tt apologize for anything that he
had done in this case. He believed,
however, that it had always been re-
garded as proper to deprive a criminal
of the instruments of his crime and to
use the instruments as evidence
against him. 1t had been done
when the pistol was taken by force
from the assassin Guiteau and if he
remembered rightly Guiteau's papers
had also been seized He recited the
history of bomb throwing in Chicago,
and enumerated articles such as dyna-
mite, etc., which belonged to Spies,
Ling and others of the Anarchists and
which hat been taken not from their
private houses, but from the Arbeiter-
Zeit,Gng office, the headquarters of the
Anarchist party. He maintained that
the question was not bow did these
articles get before the Court, but what
did they prove, and again referred to the
case of Kerr vs.. the people of Illinois.
After speaking about forty minutes
Grinnell closed.
Butler arose and objected to the
latter part of Grinnell's argu-
ment, on the ground that it went
outside the printed record, and brought
extraneous matter to which no refer
ence had before been made; that this
extraneous matter must be popular
with the Court, or its introduction
would not be permitted.
He and his associates had been taken
by surprise and the lives of their clients
put in jeopardy.
Mr.. Grinnell. interrupting, said he
understood counsel on the other side
to make a complaint that there were
indications of unreasonable search and
seizures. Their printed briefs showed
seized and he (Grinnell( had simply
added that other things had also been
seized.
General Batter said he would state
the points of contention and if he
stated them wrongly he wanted to
be corrected "by any gentleman who
did not advocate the right to steal men
and to ste al their papers"
After describing what happened pre-
Vious to the Haymarket meeting, he
said: "At that n ee'ing, a bomb was
thrown by somebody, for some pur-
pose, and there is not one word in
these 8 1000 pages of evidence 10 show
that any one of these men had any
thing to do with the throwing OF that
bomb. It's explosion killed single po-
liceman, and within few days all these
men were arrested without warrants,
committed to Jail and held there, with
out examination and without process,
until they were indicted by the grand
Jury" He said hewas willing to pledge
himself that there was not single man
of the Jury selected who bad not said
that he had firm, and some of them
an enthusiastic, conviction and opinion
prejudiced against the defendants.
After a great deal o. rambling talk
about the composition of the jury, dis
satisfaction with the record. lack of
time for preparation, the sentencing of
the prisoners in their absence and that
of their counsel, the injustice done
them by the unreasonable search and
seizure, etc., General Butler said that if
all these things could be done, the cues
ton was to be debated whether this
would not be better if it
we're overturned into anarchy
than if it were to be carried
no fear" he said, "of being
upon this question. /
have the individuality of being the
onIy man in the United States that con.
and executed men for under
taking to overturn the law. There
were thousands of them. And for that
act, please your honors, a price was
set upon my head, as though 1 were a
wolf, and $25 900 was offered to any
man that could capture me TO murder
me, by Jefferson Davis and his asso-
cistes, and who, if they were here
at your bar, trying to ascertain whether
they should have an honest and fair
trial for their great crimes, and they
called upon me, their lives in danger.
should hold it to be my duty to do all
might TO defend them"
After some further talk. General But
Ter said he agreed fully that the first
ten amendments OF theConstitution were
limitations of Federal power and not re-
strictions of the rights of States. Til
privileges and immunities," however,
by the prisoners, were privi-